According to the California Department of Justice, “your landlord must keep your home ‘habitable’—meaning, safe and fit to live in.”
Various laws in California, including California Civil Code § 1941.1, establish certain key requirements that must be met for your home to be considered habitable. And these laws are very clear. A roach infestation can make a home uninhabitable.
When a landlord fails to keep your home safe from insects and other pests, your home becomes unsafe to live in. You have rights when this occurs and should work with an experienced San Diego cockroach infestation lawyer to understand what your options are and when you can pursue legal action. Call us at (858) 434-7749 for a free consultation today.
Is a roach infestation considered uninhabitable?
If you have roaches in your home, this can cause physical illness and psychological distress. The good news is, California law leaves no question about whether this makes your home uninhabitable.
In fact, the Department of Justice specifically addresses roach infestations and their impact on habitability. The DOJ specifies that a landlord must provide “adequate pest control for rodents (like rats) and insects (like roaches and bed bugs).”
There is a good reason why a roach infestation can result in your home being classified as an unsafe place to live. The National Center for Healthy Housing describes cockroaches in the home as a “health hazard” because cockroach antigens can pose a risk to asthma sufferers and may carry disease-causing germs such as Salmonella and E. coli.
What are your responsibilities when it comes to roaches?
While your landlord must provide pest control, you also have responsibilities as a tenant. Specifically, you’re obligated to keep your home in reasonable condition and not create conditions that attract cockroaches.
If roaches are likely present in your home because of a large accumulation of food or debris, the infestation may not be your landlord’s responsibility.
You also need to report the issue to your landlord. Your landlord cannot fix an infestation they haven’t been informed about.
What are your rights if a cockroach infestation makes your home uninhabitable?
If a cockroach infestation has resulted in your home becoming uninhabitable, you have certain legal rights. These may include the following:
- You may withhold rent until the landlord has taken reasonable steps to address the roach infestation
- You may pay a professional to address the roach or rat infestation in San Diego, document the costs you incurred, and deduct that amount from your rent
- You may report the incident to your local code enforcement department, which should prepare a report
- You may break your lease and move out of your apartment if you cannot continue living there due to the roach infestation
- You may be able to pursue a personal injury claim to recover compensation if you get sick because of your landlord’s failures
These actions carry potential legal risks. Your landlord could try to evict you for not paying rent, for example. But the law says a landlord cannot retaliate against you for exercising your lawful rights. There are nuances to these rules, though, so working with an attorney can be helpful to ensure you stay within the bounds of the law.
Getting help if you were harmed by a cockroach infestation
Matthew de Lira can help if you are harmed by a cockroach infestation. We’ll work with you to prove your landlord failed in their obligations to ensure your home was habitable and to demonstrate the losses you endured because of that failure.
To learn more about how we can help, call our personal injury lawyers in San Diego or contact us online today to schedule a consultation with a California roach infestation attorney.